Guest Editorial: Ed Regan Testimony on HJ-5
Author: Ed Regan, Chairman Broadwater County Republican Central Committee
Testimony on HJ-5 Ed Regan, Chairman Broadwater County Republican Central Committee Before the House Energy, Technology and Federal Relations Committee RE: HJ-5; A Joint Resolution of the Montana House and Senate Applying for A Convention of States Under Article V of the United States Constitution for the Purpose of Proposing an amendment to the Constitution to Set Term Limits on Members of Congress. Sponsored by Representative Terry Moore.
Madam Chair Zolnikov, members of the Committee, my name is Ed Regan (R-E-G-A-N), I am the Chairman of the Broadwater County Republican Central Committee. Today I testify on behalf of myself and our entire Central Committee. We OPPOSE HJ-5.
In 2014 Supreme Court Justice Scalia warned “I certainly would not want a Constitutional Convention. I mean whoa. Who knows what would come out of that.” Again in 2015 Scalia remarked “A Constitutional Convention is a horrible idea. This is not a good century to write a constitution.”
What is HJ-5 really about? Is its purpose to enshrine Term Limits into the constitution or to just add another State Application that can be counted towards the 34 State threshold for an Article V Convention? We believe that the true intent behind this Resolution is to call a convention. Term Limits and promises of a limited convention are being used as an enticement to gather your support for a modern-day convention. The Proponent’s claims that applications from various states have to have identical wording and subject matter are wrong. Here is why; Last June 2022, in the United States House of Representatives, H. Con. Res 101 and a companion Bill HR-8419 were introduced (I have a copy for the Committee). Res 101 calls for an Article V convention once 34 Applications have been certified by the National Archivist. The Resolution also specifies that ratification of amendments will be done by state conventions, not state legislatures. The companion Bill, HR-8419, would add new law to the federal code by putting in statute the requirement ‘that all non-rescinded state applications still on the books, regardless of age or subject matter, must be counted.’ Together, these two Federal Bills prove that a limited and state controlled constitutional convention is nothing more than a pipe dream. Under Article V, states can Apply for a Convention, that’s it!!! Subsequent authority belongs to the Congress. The necessary and proper clause found in Article 1, Section 8, grants Congress the power to call the convention. Congress decides which applications are valid, when the 34 states have been reached, the date & place for the convention, and Congress decides the selection process by which Delegates are chosen. This Congressional power doesn’t magically transfer to the States. To argue, as the Proponents do, that Congress loses it constitutional powers once Article V is invoked is absurd. The constitution doesn’t mention that. This would be no different than a county commissioner’s convention trying to assume powers that rightfully belong to the state legislature. The 1921 Supreme Court decision, Dillon vs. Gloss, re-affirmed Congressional Authority under Article V. Maybe the Proponents are preparing to relitigate that decision? If so, prudence dictates that this legislative body waits until that litigation is concluded before approving a convention. Finally, the issue of sovereign delegates must be considered. The historical precedent from our one and only constitutional convention established that delegates were independent and acted on behalf of the People at Large, not the States. Even though Congress sets the initial rules, once the convention convenes, the Delegates can change those rules. History is not on the side of States being able to control delegates or the convention. James Madison once said that “a second convention would no doubt contain individuals with insidious views seeking to alter the very foundation and fabric of the constitution using amendments as a pretext.” Let’s avoid that second convention which Madison warned against. Vote NO on HJ-5. God Bless you and God Bless America.
Ed Regan, Chairman Broadwater County Republican Central Committee
